SARASOTA LABOR AND EMPLOYMENT LAWYER

A wage and hour claim in Sarasota, Florida, is a legal complaint brought by an employee who believes their employer violated wage and labor laws by failing to pay them properly. These claims may involve unpaid wages, unpaid overtime, minimum wage violations, employee misclassification, or other pay-related issues.

Wage and hour violations can severely impact an employee’s financial stability. Some of the most common violations in Sarasota include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), non-exempt employees are generally entitled to overtime pay when they work more than 40 hours in a workweek. If your employer failed to pay overtime for those additional hours, you may be entitled to recover back pay.

For example, if you worked 50 hours in one week but were paid only your regular hourly rate for all 50 hours, you may have an unpaid overtime claim.

Failure to Pay Minimum Wage

Federal law sets a baseline minimum wage, but many states and local governments require higher minimum rates. If you are paid less than the minimum wage that applies where you work, you may be entitled to recover the unpaid difference.

For example, when an employee is paid below the legally required wage for their location, the shortfall may be considered minimum wage theft.

Improper Deductions

Employers are allowed to deduct certain amounts from your paycheck (like taxes, insurance premiums, and retirement contributions), but improper deductions are illegal. If your employer is taking deductions not authorized by law or by your agreement, they may be in violation.

For instance, if an employer deducts amounts for "damages" caused by employees, but the employee wasn’t responsible for the damages, this could be an improper deduction.

If you believe you’ve been subjected to any of these violations, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Yes. If your employer agreed, either in writing or verbally, to pay you commissions and then failed to do so, you may have a valid claim. Commission disputes often happen when employers change policies without notice, withhold commissions after termination, or delay payment.

If you satisfied the requirements to earn your commission, your employer generally cannot legally withhold it.

Suppose you're classified as an independent contractor but perform work like an employee. In that case, you might be misclassified, and that can have serious legal and financial implications for both you and the company you're working for.

Independent Contractor:

• Controls how and when the work is done.
• Uses their own tools and equipment.
• Usually works for multiple clients.
• Doesn’t receive employee benefits (healthcare, PTO, etc.).
• Responsible for their own taxes.

Employee:

• Has a set schedule and is supervised by the employer.
• Uses employer-provided tools.
• Works for one company.
• Is eligible for benefits and protections (minimum wage, overtime, workers’ comp).
• The employer withholds taxes.

If you’re misclassified, you may be missing out on overtime pay, minimum wage protections, unemployment benefits, workers’ compensation, and more.

If your employer fails to pay you properly, whether it’s missed wages, unpaid overtime, or incorrect pay rates, there are several steps you can take to protect your rights:

1. Review Your Records

Start by gathering the following:

• Pay stubs
• Time sheets or clock-in records
• Employment contract or offer letter
• Any communication about pay (emails, messages)

Compare what you were paid with what you were promised or what the law requires.

2. Communicate With Your Employer

The issue may be the result of an error. Consider contacting your HR department or supervisor to raise the concern politely and ask for clarification. Be sure to keep a written record of the communication, such as emails or dated notes from any conversations.

3. Know Your Rights

Federal and state labor laws protect employees from wage theft. Under the Fair Labor Standards Act (FLSA), you must be paid at least the federal or state minimum wage, whichever is higher. Non-exempt workers are also entitled to overtime pay (1.5x) for hours worked over 40 in a week. Otherwise, employers cannot withhold any pay without a valid reason.

Some states have stronger protections, including stricter timelines for issuing paychecks.

4. File a Complaint With the Department of Labor

You can file a wage claim through the U.S. Department of Labor's Wage and Hour Division (WHD) or your state labor agency. They can investigate and help recover unpaid wages.

5. Document Everything

Keep detailed records of your hours worked, any discrepancies in your actual pay, and any of your attempts to resolve the issue. This documentation is crucial if you decide to take legal action.

6. Contact Morgan & Morgan in Sarasota, Florida

If your employer continues to deny wages you rightfully earned or retaliates against you for speaking up, consider contacting a labor and employment attorney at Morgan & Morgan. We offer free case evaluations, and our Fee Is Free™—meaning you do not pay unless we successfully recover compensation for you.

You may be entitled to recover unpaid wages, interest, penalties, attorney’s fees, and additional damages if retaliation occurred.

7. Don’t Delay

Legal deadlines, known as statutes of limitations, apply to many types of claims. The amount of time you have to file may depend on the nature of the claim and the laws in your state. Acting quickly can help protect your rights and preserve important evidence.

In a wage and hour lawsuit, the compensation you may recover depends on how your employer violated labor laws. Common types of damages include:

Unpaid Wages and Overtime

You may be able to recover wages you should have been paid, including unpaid minimum wages and overtime. Under federal law, overtime is typically paid at time-and-a-half for hours worked over 40 in a week. If you were not properly paid, you may recover the difference between what you were paid and what you were owed.

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may also be entitled to liquidated damages equal to your unpaid wages. For example, if you are owed $5,000, you may be able to recover $10,000 total, $5,000 in unpaid wages and $5,000 in additional damages, unless your employer can show it acted in good faith.

Interest

In some cases, particularly under state law, you may also be able to recover prejudgment interest on unpaid wages.

Attorney’s Fees and Costs

If you win your case, your employer may be required to pay your attorney’s fees as well as court and litigation costs. This can make it easier to pursue a claim, even if the unpaid wages are relatively small.

Retaliation-Related Damages

If your employer retaliated against you for asserting your rights, such as by firing, demoting, harassing, or otherwise punishing you, you may be entitled to additional compensation. Depending on the circumstances, this may include lost wages, reinstatement, damages for reputational harm, and, in extreme cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are not typically available in wage and hour cases. However, if retaliation is involved, you may be able to pursue compensation for emotional harm as well.

Every case is different, so the best way to understand what your claim may be worth is to speak with the legal team at Morgan & Morgan for a free case evaluation.

Morgan & Morgan’s labor and employment lawyers work on a contingency-fee basis, meaning there are no upfront attorney’s fees or costs unless your case reaches a successful outcome. That’s right—the Fee Is Free™, and you only pay if we recover compensation for you.

Our fee is a percentage of the settlement or verdict, which means our interests are aligned with yours as we work to pursue the best possible result.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our wage & hour lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Sarasota, Florida, you’re backed by more than just one attorney; you gain access to the resources of America’s Largest Injury Law Firm™, with over 1,100 attorneys and offices nationwide.

Your case will be handled by a dedicated team that may include attorneys, paralegals, and support staff working together on your behalf. You’ll also have a primary attorney who oversees your case, keeps you informed, and provides personalized guidance throughout each stage of the process.

After your initial consultation, your care team will schedule regular check-ins to discuss your case, provide updates, and help prepare you for any upcoming proceedings. We are committed to keeping communication open and making sure you stay informed throughout the process.

Depending on your case and your availability, these meetings may take place in person, virtually, or by phone.

Morgan & Morgan’s employment attorneys have extensive experience handling wage and hour claims and have helped recover significant compensation for workers in similar situations. As America’s Largest Injury Law Firm™, with over 1,100 attorneys nationwide, we have the resources, knowledge, and reach to take on complex cases.

We handle cases on a contingency fee basis, which means you don’t pay anything up front. With our Fee Is Free™ approach, you only pay if we win your case.

We are committed to holding employers accountable when they violate wage laws and workers’ rights. If you believe you’ve been underpaid or treated unfairly, you don’t have to navigate it alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.